Allowed

Vijay Kumar v. Babu Ram Mahajan & Ors.

Punjab & Haryana HC17 Oct 2014CR/7042/2014

Case brief

AI extract

What is this about?

Single judge allowed a revision petition seeking an opportunity to lead evidence. The court directed the Rent Controller to provide one more chance to the petitioner-tenant to make his own statement after correcting a clerical error that led to premature closure of evidence, subject to payment of costs.

What did the court decide?

Rent Controller directed to give one more opportunity to petitioner-tenant to make his own statement subject to payment of `5,000 as costs.

Vijay Kumar Vs Babu Ram Mahajan & Ors. — Landlord and Tenant | Punjab & Haryana HC (2014)

¶1

CR-7042-2014

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

¶4

Civil Revision No.7042 of 2014 (O&M) Date of Decision: October 17, 2014.

¶5

Vijay Kumar

¶6

......PETITIONER(s).

¶7

VERSUS

¶8

Babu Ram Mahajan and others

¶9

....RESPONDENT(s).

¶10

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

¶11

Present: Mr. Kushagra Mahajan, Advocate for the petitioner (s).

¶12

¶13

SURINDER GUPTA, J.(Oral)

¶14

Learned counsel for the petitioner-tenant submits that after the closer of evidence of respondent-landlord on 5.7.2014, the case was fixed for evidence of petitioner-tenant. On 19.09.2014, as per order passed by the Court, it was again fixed for evidence of respondentlandlord. On that day, the clerical mistake in the order was rectified and on the same day, the evidence of petitioner-tenant was also closed.

¶15

On query, learned counsel for the petitioner-tenant further submits that before closing the evidence, four opportunities were allowed to the petitioner-tenant to lead evidence but the petitioner-tenant could not lead the evidence due to his old age. He submits that the revision petitioner has to make his statement to rebut the claim of respondentlandlord and has not to examine any other witness. He further undertakes to file affidavit of the petitioner-tenant and ensure that he will appear in

¶16

SACHIN MEHTA 2014.10.17 18:07 I attest to the accuracy and integrity of this document Chandigarh

¶17

CR-7042-2014

¶18

-2-

¶19

the Court on the date fixed.

¶20

Notice of motion.

¶21

Mr. Anupam Bhardwaj, Advocate who is present in the Court, accepts notice on behalf of caveator-respondent No.1.

¶22

I have heard learned counsel for the parties and also perused the impugned order. The Rent Controller has closed the evidence of petitioner-tenant after affording reasonable opportunities but keeping in view that there was some clerical mistake in the order passed on the previous date i.e. 08.09.2014, while fixing the case for 19.09.2014 for evidence of landlord instead of petitioner-tenant, which learned Rent Controller rectified on 19.09.2014, but at the same time also closed his evidence by order, one more opportunity to lead evidence is provided to the petitioner.

¶23

This petition is allowed. The Rent Controller will give one more opportunity to the petitioner-tenant to make his own statement, subject to payment of `5,000 as costs.

¶24

Copy of this order be given to learned counsel for the petitioner under the signature of Court Secretary.

¶25

( SURINDER GUPTA ) October 17, 2014. JUDGE Sachin M.

¶26

SACHIN MEHTA 2014.10.17 18:07 I attest to the accuracy and integrity of this document Chandigarh

Vijay Kumar v. Babu Ram Mahajan & Ors.

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. Babu Ram Mahajan & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gurdip Singh Batra Vs Satnam Kaur

Gurdip Singh Batra Vs Satnam Kaur

Baldev Singh & Ors. Vs State of Punjab & Ors.

Des Raj Kataria Vs Vipan Mahajan and Anr.

Rani and Anr. Vs Bhajan Lal and Anr.

B.N. Khalsa Senior Secondary School and Ors. Vs Pritam Kaur